Author Topic: Can Amaral sue for damages?  (Read 20553 times)

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Offline Brietta

Re: Can Amaral sue for damages?
« Reply #15 on: October 26, 2016, 03:47:55 PM »
Do you think he'll have a problem showing his assets were frozen for seven years? How so?

He will have no problem proving sales of his book were banned. Neither will his publishers.

Quite simply if Amaral sues the McCanns for causing him financial loss and hardship he is going to have to prove it and to do that his alleged losses will be evaluated.  This will involve scrutiny of all the finances and assets available to him over the period referred to including, I imagine, those accrued from his career as a media celebrity.
Should he have transferred anything to his wife's name in the interim, I imagine it would be legitimate to scrutinise that also.

His legal expenses have been met by public subscription from the word go ... therefore having paid nothing from his own pocket towards them I cannot envisage a Court reimbursing him.

Make no mistake about it ... if Amaral sues ... the Courts will scrutinise his finances.
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline John

Re: Can Amaral sue for damages?
« Reply #16 on: October 26, 2016, 03:56:33 PM »
Quite simply if Amaral sues the McCanns for causing him financial loss and hardship he is going to have to prove it and to do that his alleged losses will be evaluated.  This will involve scrutiny of all the finances and assets available to him over the period referred to including, I imagine, those accrued from his career as a media celebrity.
Should he have transferred anything to his wife's name in the interim, I imagine it would be legitimate to scrutinise that also.

His legal expenses have been met by public subscription from the word go ... therefore having paid nothing from his own pocket towards them I cannot envisage a Court reimbursing him.

Make no mistake about it ... if Amaral sues ... the Courts will scrutinise his finances.

The Court will be very aware of the assets which were frozen and the restraint put on his income.  The loss of earnings due to the civil action and the damages claim will be considerable which ever way one looks at it.  And as already pointed out every defendant will be entitled to claim for losses as well.
« Last Edit: October 27, 2016, 03:54:30 PM by John »
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline Brietta

Re: Can Amaral sue for damages?
« Reply #17 on: October 26, 2016, 04:05:00 PM »
The Court will be very aware of the assets which were frozen and the restraint put on his income.  The loss of earnings due to the civil action and the damages claim will be considerable which ever way one looks at it.  And as already pointed out every defendant will be entitled to claim for losses as well.

My gut feeling on this one is that Amaral will not sue the McCanns whatever the decision of the Supreme Court.
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

ferryman

  • Guest
Re: Can Amaral sue for damages?
« Reply #18 on: October 26, 2016, 05:20:48 PM »
My gut feeling on this one is that Amaral will not sue the McCanns whatever the decision of the Supreme Court.

I'm really not sure about Portuguese law any more.

It allows Amaral to get away with accusing the McCanns of giving Madeleine calpol, when there's not a shred of evidence they even used it on that holiday, and nothing to contradict their insistence that they didn't. 

Portuguese law is a mess.
« Last Edit: October 27, 2016, 03:56:17 PM by John »

Offline Alice Purjorick

Re: Can Amaral sue for damages?
« Reply #19 on: October 26, 2016, 05:22:15 PM »
Quite simply if Amaral sues the McCanns for causing him financial loss and hardship he is going to have to prove it and to do that his alleged losses will be evaluated.  This will involve scrutiny of all the finances and assets available to him over the period referred to including, I imagine, those accrued from his career as a media celebrity.
Should he have transferred anything to his wife's name in the interim, I imagine it would be legitimate to scrutinise that also.

His legal expenses have been met by public subscription from the word go ... therefore having paid nothing from his own pocket towards them I cannot envisage a Court reimbursing him.

Make no mistake about it ... if Amaral sues ... the Courts will scrutinise his finances.


We look at this through prism of English law and our own prejudices.
I don't know what options are available to him under Portuguese law do you?
Under US Law there is a thing called "Damages at Large" [not to be confused with English Damages at Large which is different]. I believe in England it is called general damages.
The monetary aspect vis a vis sequestration will covered by court procedures, one presumes. Certainly if found not guilty Sr Amarals frozen assets will be restored to what they would have been had the case not been brought. Damages at large is that lovely woolly area of feelings and emotion so is not quantifiable except by the judge. Sr Amaral may go for that but then having had the benefit of "going to school on the McCann putt" as it were he may decide that one isn't worth pursuing.
He may decide it is better all round to sit still, have the frozen assets unfrozen and restored to parity and let the other side think he is going to do someything until it has timed out.
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline slartibartfast

Re: Can Amaral sue for damages?
« Reply #20 on: October 26, 2016, 11:17:08 PM »
I'm really not sure about Portuguese law any more.

It allows Amaral to get away with accusing the McCanns of giving Madeleine calpol, when there's not a shred of evidence they even used it on that holiday, and nothing to contradict their insistence that they didn't. 

Portuguese law is a mess.

I'm sure you will provide cites for that.
« Last Edit: October 27, 2016, 03:57:06 PM by John »
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Offline Brietta

« Last Edit: October 27, 2016, 03:57:59 PM by John »
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Online Eleanor

Re: Can Amaral sue for damages?
« Reply #22 on: October 27, 2016, 06:23:36 AM »

The McCanns weren't the only people pursuing Amaral for money.  Some of the others will be after him if his assets are unfrozen.

Offline slartibartfast

Re: Can Amaral sue for damages?
« Reply #23 on: October 27, 2016, 08:01:33 AM »

http://www.statewatch.org/news/2014/apr/aced.htm

http://miscarriageofjustice.co/index.php?topic=2993.msg107249#msg107249

I didn't ask for her statement or an unrelated post or a discussion on here. The judgement in the case against the PJ officers would be better.
« Last Edit: October 27, 2016, 03:58:27 PM by John »
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Offline Brietta

Re: Can Amaral sue for damages?
« Reply #24 on: October 27, 2016, 10:08:14 AM »
I didn't ask for her statement or an unrelated post or a discussion on here. The judgement in the case against the PJ officers would be better.

You asked for cites.

You've got them.

Why do you have a problem with that?


If you would prefer another one ... why not just post it up for yourself? 
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline Alice Purjorick

Re: Can Amaral sue for damages?
« Reply #25 on: October 27, 2016, 03:53:28 PM »
Now let me see if I have this right:
The topic of this thread is: Can Amaral sue for damages?

There is no mention of who the defendants may be.
So is someone suggesting he can sue Cipriano for damages? That should be interesting so lets see yer workings then.
If not why does Cipriano even have a mention?

Oh yeah I forgot it's the McCann case variation of Godwins law....

 
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline John

Re: Can Amaral sue for damages?
« Reply #26 on: October 27, 2016, 03:55:24 PM »
My gut feeling on this one is that Amaral will not sue the McCanns whatever the decision of the Supreme Court.

He has already intimated publicly that he intends to.
« Last Edit: November 02, 2016, 01:33:29 PM by John »
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline slartibartfast

Re: Can Amaral sue for damages?
« Reply #27 on: October 27, 2016, 03:58:47 PM »
Now let me see if I have this right:
The topic of this thread is: Can Amaral sue for damages?

There is no mention of who the defendants may be.
So is someone suggesting he can sue Cipriano for damages? That should be interesting so lets see yer workings then.
If not why does Cipriano even have a mention?

Oh yeah I forgot it's the McCann case variation of Godwins law....

There are a few.
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Online Eleanor

Re: Can Amaral sue for damages?
« Reply #28 on: October 27, 2016, 04:11:15 PM »

I very much doubt he will.  Too many pitfalls.

ferryman

  • Guest
Re: Can Amaral sue for damages?
« Reply #29 on: October 27, 2016, 04:53:49 PM »
I very much doubt he will.  Too many pitfalls.

Dunno!

This is Portuguese law we're talking about ....